Assuming this is an unlimited civil case, you can file a notice of appeal provided you do so within the time provided by law, i.e., within 30 days of notice of entry of judgment. An appeal will not stay execution of the judgment unless ordered by the court so you will need to make a motion to stay execution of judgment.
If notice of the court date was never given, you might also make an immediate motion to vacate the judgment and recall any writ based on mistake, inadvertence, surprise, or excusable neglect.
You will need to move ex parte for an order shortening time for hearing of a motion to either stay execution of judgment or vacate the judgment and recall any writ.
If there is a proof of service in the court file showing notice of hearing mailed to you at your correct address, it is unlikely the court will vacate the judgment. Good luck. You will need lots of it.
My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship, nor does my answer or comment create a reasonable expectation that I am willing to discuss the possibility of forming an attorney-client relationship with anyone. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action, and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
An appeal will probably will not succeed because you cannot introduce new evidence at the appellate division (i.e., that you did not receive notice). You may instead need to first file a motion to set aside the judgment (CCP 473).
I recommend that you retain an attorney to review the situation.
I am not your attorney, and nothing contained in this communication is intended to be, or shall be deemed to be, legal advice, counsel, or services provided to you or on behalf of you or any other person or any entity. My comments are general statements of law that are not specific to your situation. Use of the Avvo website does not create any obligation or relationship between you and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox is not privileged or confidential, and you should not post any information that you intend to keep confidential. Finally, your situation may be governed by legal deadlines, and you may lose your rights if you do not or did not act within those deadlines. You are solely responsible for meeting those deadlines until and unless you retain an attorney.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline